Wise v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 10/26/2016 ORDERING that Defendant's time to file her cross-motion for summary judgment is EXTENDED to 11/30/2016. (Zignago, K.)

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PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
ASIM H. MODI
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-744-0134
Email: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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DOUG WISE,

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Plaintiff,
v.
CAROLYN W. COLVIN
Acting Commissioner of Social Security,
Defendant.

) No. 2:15-cv-2465-DB
)
) STIPULATION AND ORDER TO
) EXTEND BRIEFING SCHEDULE
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IS HEREBY STIPULATED by the parties, through their undersigned attorneys, to

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extend Defendant’s time to file her cross-motion for summary judgment with the Court by 30

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days to November 30, 2016, and that all other scheduling dates set forth in the Court’s Case

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Management Order shall be extended accordingly. This is Defendant’s first request for an

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extension of time in this matter, and she requests it in good faith and without any intent to

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prolong proceedings unduly.

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There is good cause for this extension request because counsel for Defendant has

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workload issues that preclude filing her summary judgment motion by October 31, 2016.

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Specifically, counsel for Defendant was recently ordered to appear in person for oral arguments

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in multiple Social Security matters before the District of Hawaii; thus, due to the preparation and

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travel to Hawaii for these oral arguments, counsel for Defendant has been unable to attend to the

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instant case. Additionally, counsel for Defendant remains responsible for drafting an appellate

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brief for a Social Security case before the Ninth Circuit, drafting briefs and summary judgment

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motions in Social Security cases before the district courts within the Seventh Circuit and Ninth

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Circuit, and negotiating (or litigating) attorney fee matters pursuant to the Equal Access to

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Justice Act. Counsel for Defendant is currently responsible for conducting discovery in

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personnel litigation before the Equal Employment Opportunity Commission. Counsel for

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Defendant is also currently responsible for drafting substantive pleadings and preparing for a

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hearing in personnel litigation before the Merit Systems Protection Board.

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Counsel for Defendant sincerely apologizes to Plaintiff and the Court for any
inconvenience caused by this delay.

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Respectfully submitted,

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Date: October 26, 2016

MACKENZIE LEGAL, PLLC
By:

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Date: October 26, 2016

/s/ Asim H. Modi for Kelsey Mackenzie Brown*
KELSEY MACKENZIE BROWN
*Authorized by email on October 26, 2016
Attorneys for Plaintiff
PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By:

/s/ Asim H. Modi
ASIM H. MODI
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Pursuant to the parties’ stipulation, IT IS SO ORDERED.
DATED: October 26, 2016

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:6
DLB1\orders.soc sec\wise2465.stip.eot3.ord

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